Jane Dotson
Backing up accidents are common, and they can result in serious injury and even death. In most cases, the reversing driver is liable for a back-up accident. However, there are situations in which the other driver bears fault for this type of accident. If you have collision coverage, you are typically covered for damaging your own car. For example, if you back into an object or another vehicle, you can claim it on your insurance like any other car accident. If you have comprehensive coverage, you may also be covered for custom parts, paint, rims, and other aftermarket additions.
| Characteristics | Values |
|---|---|
| Type of insurance | Collision coverage |
| Type of insurance | Comprehensive coverage |
| Type of damage covered | Damage to the interior of the car |
| Type of damage covered | Damage to the exterior of the car |
| Cause of damage covered | Accidents |
| Cause of damage covered | Vandalism |
| Cause of damage covered | Natural disasters |
| Cause of damage covered | Theft |
| Cause of damage covered | Fire |
| Cause of damage not covered | Regular wear and tear |
| Cause of damage not covered | Negligence |
What You'll Learn
Collision coverage
If you are deciding whether to opt for collision coverage, consider your driving habits, your vehicle's safety features, and your driving history. If you are a safe driver who is not likely to cause an accident, you may decide you do not need collision coverage. Additionally, if your car is not worth a lot, or the cost of parts and repairs is low, collision coverage may not be worth the extra cost.
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Comprehensive coverage
The cost of comprehensive coverage will vary based on the value of the vehicle, the location where it is registered, and the driver's past insurance history, among other factors. The average cost of comprehensive coverage is approximately $134 per year but can rise to nearly double that, depending on factors such as the state where you live.
It is important to note that comprehensive coverage does not cover damage caused by a collision. It also does not cover anything personal stolen from your car. Additionally, it does not cover damage due to potholes, as this is covered under collision insurance.
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Liability insurance
Liability coverage typically refers to two types of coverages: property damage and bodily injury. Property damage coverage pays for damage to another person's property, including repairs to the other driver's vehicle, a rental vehicle while the other person's car is being repaired, damage to buildings, fences, or other structures, and damage to personal property such as electronics or belongings inside a vehicle. It also covers legal fees if you're sued for property damage.
Bodily injury coverage provides payment for others injured in an accident, including legal fees if you're sued for injuries you caused. It's important to note that liability insurance won't cover damage to your own property or vehicle; for that, you'll need to add collision and comprehensive coverage to your auto insurance policy.
The cost of liability insurance coverage depends on various factors, including the amount of coverage you select. Higher coverage limits may cost more, but it's important to choose a limit that provides adequate protection. For example, a minimum liability insurance package might include $25,000 as the maximum bodily injury liability payment per person and $50,000 as the maximum per accident, with a property damage liability limit of $25,000. However, you may want to consider higher limits to ensure you're sufficiently covered in the event of a significant accident.
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Negligence laws
Negligence is careless conduct that ends up causing harm to another person. In the context of a car accident, negligence can be defined as a driver's failure to use reasonable care to avoid injuring other motorists, passengers, or pedestrians. If a driver is found to be negligent, they and their insurance carrier can be held financially liable for the injuries and losses of the affected party.
When it comes to proving negligence in a car accident, the following elements need to be established:
- The defendant was required by law to exercise reasonable caution in operating their vehicle.
- The defendant breached this duty of care by acting in a way that fell short of how a reasonable person would have acted under similar circumstances.
- The defendant's breach of duty directly caused the injuries or losses of the plaintiff.
- The plaintiff suffered measurable losses, such as injuries, lost wages, vehicle damage, or pain and suffering.
It is important to note that negligence laws vary by state. While most states follow the doctrine of comparative negligence, a few states, including Maryland, Virginia, Alabama, and North Carolina, adhere to contributory negligence rules.
Under comparative negligence, a victim who is partially responsible for an accident can still recover compensation, but their award will be reduced based on their percentage of fault. In pure comparative negligence states, a plaintiff can recover compensation even if they are 99% at fault. On the other hand, modified comparative negligence states have a threshold, typically 50% or 51%, above which a plaintiff cannot recover if their fault exceeds this threshold.
In contrast, contributory negligence rules bar a victim from pursuing a claim if they are found to be even partly at fault for their injuries. Therefore, understanding the negligence laws in your state is crucial when dealing with insurance coverage and liability in car accidents.
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No-fault insurance
However, it's important to note that no-fault insurance typically only covers your own vehicle and not any damage caused to other people's property. In the scenario where you back into someone else's car or their property, your no-fault insurance won't cover their damages. Their repairs would need to be claimed through your liability insurance or their own insurance policy. No-fault insurance primarily focuses on ensuring you are taken care of first.
Additionally, no-fault insurance usually includes personal injury protection. If you are injured in an accident, regardless of who is at fault, your medical expenses and follow-up care will be covered. This can provide valuable peace of mind, especially if you live in a state with high medical costs. No-fault insurance ensures that you can receive the treatment you need without worrying about the financial burden.
It's worth mentioning that no-fault insurance doesn't cover everything. While it takes care of your own injuries and property damage, there are exclusions. For example, no-fault insurance won't cover any damage to your vehicle caused by regular wear and tear. This includes interior damage from spills, stains, or cigarette burns. It also won't cover personal belongings stolen from your car; separate insurance, such as homeowners or renters insurance, is needed for that.
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Frequently asked questions
Interior damage to your vehicle may be covered by a comprehensive policy, depending on how the damage occurred. Damage caused by regular use of your car will likely not be covered.
If you have collision coverage, you are typically covered for damage to your own car. If no other drivers were involved or if you caused the accident, the damage will likely be considered your fault and can only be covered if you have collision coverage.
If a driver pulls out of a parking spot and backs into a moving vehicle, the reversing driver is generally at fault for the accident. However, if the driver with the right of way was distracted, under the influence, speeding, or otherwise practicing unsafe driving, there may be shared responsibility for the accident.
The driver backing into a parked car is liable.
